Logan v. Richards

MONCUR, J. pro tem. This is an action to quiet title of appellants in and to certain real property situated in Daly City, San Mateo County, California. The complaint contains the usual allegations in an action to quiet title and in addition some six separate counts in which practically all of the probative facts are also alleged. In the answer of ^respondents it is alleged that John Vernon Richards is the owner of the property and therein the allegations as to the probative facts set forth in the complaint are specifically denied. The trial court found against the appellants on the allegations of the complaint and in favor of John Vernon Richards and entered judgment quieting the latter’s title to the property. It is from this judgment that the appeal is taken.

The negotiations for the purchase of the property involved were carried on by Ellen Logan, wife of Michael Logan, the mother of respondents by a former marriage. Ellen Logan died on May 27, 1935, and on March 9, 1937, appellant Anna Nieri was appointed administratrix of her estate by the superior court in and for the city and county of San Francisco, and she duly qualified as such. The deed was taken in the [127]name of Ellen Logan. It is claimed by appellant Michael Logan that he furnished the money with which to purchase the property and that it was the understanding that it should be the community property of himself and his wife Ellen Logan. Ellen Logan and Michael M. Logan were married on or about December 10, 1922. Respondents claim that between them they furnished the money for the purchase of the property and that it was, until the execution and delivery to respondent John Richards of the deeds hereinafter referred to, the separate property of Ellen Logan.

The first of these deeds was one executed and delivered to respondent John by his mother, on August 31, 1931, conveying to him the property. Michael M. Logan was not named as a party in this deed, but be signed and acknowledged it. The other deed was one by appellant Michael M. Logan, dated June 1, 1935, and acknowledged June 3, 1935. There were at least two other deeds involved and also a lease. This lease was from respondent John to appellant Michael. It was for the term of Michael’s life and the rental was one dollar per year.

In view of the findings of the trial court, it is not deemed necessary to notice particularly the two last-mentioned deeds or to discuss the controversy arising concerning them. The question of the consideration for this lease was involved, respondents contending that this consideration had failed. The court found specifically in accordance with the contention of respondents. Also, at the trial appellant Michael M. Logan testified that he was not claiming any title under the lease.